Construction Law in North Carolina

Do I really need my own lawyer if the insurer is giving me one? (law note; tip)

Several readers have reached out to me about my post on getting a Reservation of Rights letter with comments and questions. The most common refrain has been something along the lines of: “Do I really have to hire my own lawyer…

In my previous post, I made reference to getting a “Reservation of Rights” letter. I noted that the carrier may decide to defend you under a Reservation of Rights (i.e., hire your lawyer) but may not,…

“Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)

Recently, a reader reached out to me to ask about case examples of an engineer losing his insurance coverage because he agreed to a “heightened” or “best” standard of care. The reader stated that he was an…

During the recent lame duck session in December, 2016, the Michigan Legislature passed a series of bills aimed at consolidating the licensing and regulation of skilled trades, including residential builders, electricians, plumbing and…

On November 25, 2013, the DOD, GSA, and NASA issued a final rule amending the Federal Acquisition Regulations (FAR) to incorporate a new clause to provide accelerated payments to small business subcontractors.The new clause [FAR…

A business commonly has all sorts of valuable assets. Most businesses have some combination of assets such as real estate, equipment, inventory, cash, receivables and patents just to name a few. One class of assets that can be…

A business commonly has all sorts of valuable assets. Most businesses have some combination of assets such as real estate, equipment, inventory, cash, receivables and patents just to name a few. One class of assets that can be…

Remarkably, Lien Waivers continue to be among the most overlooked construction project documents. For a Developer and property Owner, the purpose of the Lien Waiver is clear: to ensure Contractors are paid so as to reduce the risk of liens on…

Challenging Public Bid Awards in Missouri Just Got Easier, Depending on Your Perspective

As reported in this blog in October, 2015 in the post “The Making of a Supreme Court Case,” we predicted that the Missouri Supreme Court would take the case of Byrne and Jones Enterprises, Inc. v. Monroe City R-1 School ……

Large construction projects can benefit from a Controlled Insurance Program (CIP), also known as a “Wrap Up.” In this arrangement, a single party, either the owner (OCIP) or the general contractor (CCIP), acquires…

Clients frequently ask about getting attorneys’ fees from their adversaries in a construction dispute. I certainly understand the economics behind the question. Resolving construction disputes in any forum – mediation,…

Employees who sign non-compete agreements with their employers in Massachusetts can be involuntarily let go from the company and still prevented from working until the term of the agreement has expired. This has been the long-standing…

Attorney Charlie Perkins forwards the following update on the Federal Housing Finance Agency’s action against community associations: By Dawn Bauman (6/2/16) Led by Senator Elizabeth Warren (MA-D), the Massachusetts congressional…

Event organizers intent on raising awareness for fallen first responders and law enforcement officers created 13.1 mile and 5 mile routes that began at the Boston Seaport World Trade Center and wound through downtown by Government Center, The…

Last week, I blogged about the Southeast Caissons, LLC v. Choate Construction Company case, in which the North Carolina Court of Appeals held that a general contractor could not enforce a forum selection clause in a subcontract that was…

The Subcontract’s Unsigned, the Work is Complete and a Dispute Has Arisen — Now What?

In order for an agreement to constitute a valid contract that courts or arbitrators will enforce, both parties to the agreement must mutually assent to all of the terms of the deal. The fancy Latin term for this mutuality requirement…

On March 25, 2016, 81 Fed. Reg. 16286, OSHA issued a new final rulemaking to reduce silica dust exposure that will directly affect more than 2 million construction workers who drill, cut, crush, or grind silica-containing materials such…

On March 25, 2016, 81 Fed. Reg. 16286, OSHA issued a new final rulemaking to reduce silica dust exposure that will directly affect more than 2 million construction workers who drill, cut, crush, or grind silica-containing materials such as…

On December 17, 2015, the U.S. Department of Justice (DOJ) announced a major new initiative to increase the number of criminal charges in worker endangerment and worker safety cases. Although the DOJ and the Occupational Safety and Health…

The economy is good. Home improvement contractors are busy, and homeowners are finally undertaking those renovation projects that they postponed when times were bad. You’ve done your research and found a great…

What to Do When Subcontractors and Suppliers Ask the Owner for Payment

When owners discover that their contractor has not paid subcontractors and suppliers, anxiety immediately sets in. Contractors who are not adept at running their businesses end up with cash flow problems and operate on credit. The…

What to do When Your Contractor Doesn't Pay Subcontractors and Supplier

Recently I was contacted by some homeowners when their contractor told them that he had run into financial troubles and would not be completing their renovation work. They quickly discovered that he had not paid numerous subcontractors…

(Re)Defining “Waters of the United States” Under the Clean Water Act – Part II: The States Strike Back

By: Erik S. Mroz If my job as a lawyer does not work out, I may be able to make a living telling the future. Back in February, I advised our readers to keep an eye on a proposed rule defining “Waters of the United States” (or…

By: William E. Kelley, Jr., LEED AP BD+C A waiver of subrogation clause is a typical (but often overlooked) contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American…

Can my Parent Qualify for Florida Nursing Home Medicaid if he or she has joint assets?

Today I’m going to answer the question, “Can my parent qualify for Florida Nursing Home Medicaid if he or she has joint assets?” In order to answer this question and the concerns that can happen here, we have to address…

When is the Appropriate Time to Seek Legal Advice for my Parent if he or she is going into Assisted Living in Florida?

When is the appropriate time to seek legal advice for your parent if he/she is going to assisted living in Florida? You may be thinking, “Why the heck should an attorney be involved?” Attorneys should be involved in the…

Should I Retitle my Deed to Protect my Parents’ House from Florida Medicaid or the Nursing Home?

Today I’m going to answer a frequently asked question: “Should I re-title or change the deed to protect my parents’ house from Florida Medicaid or the nursing home?” People also say things like, “Can I…

Construction Law Today

Waiting for Claim Assignment Doesn’t Toll Statute of Limitations: American Family v. Plunkett

After paying a flood damage claim, an insurance company waits too long to get an assignment of the rights to sue a contractor and architect. Result: the insurance company’s lawsuit gets dismissed and the Illinois Appellate Court…

Fees for property purchase feasibility consulting are not secured by a mechanics lien. That’s what a panel of Illinois Appellate Court Justices held in Mostardi-Platt Associates v. Czerniejewski. Backstory Power Holdings of Illinois…

By: Alan P. DiGirolamo Effective April 1, 2013, Ohio’s homestead exemption was amended to allow a homeowner to exempt up to $132,900 of equity in his or her home. See, Ohio Revised Code Section 2329.66(A)(1)(b). This is…

By: John Swansinger, Esq. “Condition precedent” is now perhaps the most important term in your Ohio construction subcontract following the Ohio Supreme Court’s recent decision in Transtar Electric, Inc. v A.E.M.…

Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine

Philip R. Brown of the Law Offices of Philip R. Brown has once again been named to Honolulu Magazine’s Annual Best Lawyers in Hawaii. This is the Fourth consecutive year that Mr. Brown has been listed among Hawaii’s best…

Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine

Philip R. Brown of the Law Offices of Philip R. Brown has once again been named to Honolulu Magazine’s Annual Best Lawyers in Hawaii. This is the Fourth consecutive year that Mr. Brown has been listed among Hawaii’s best…

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. Indeed, the idea that…

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. …

I struggled a bit for a title for this post, and I’m still not sure I got it right (but I’m thinking there might not be a “right” title for this one). Anyway . . . . Despite my best efforts to “catch up” on Columbus Day, this…

“You love your home and then it turns on you,” The New York Times reports one homeowner said when he discovered the foundation of his home was cracking, crumbling and moving. Repairing unstable foundations costs homeowners around…

“You love your home and then it turns on you,” The New York Times reports one homeowner said when he discovered the foundation of his home was cracking, crumbling and moving. Repairing unstable foundations costs homeowners around…

Construction Industry Blog

For the past six months or so, I've been using ConsensusDOCS agreement forms wherever I can reasonably do so ---- meaning that I'm using them for projects on which there is not an owner or architect who insists on using AIA documents. I…

It will be interesting to see how quickly South Dakota begins using ConsensusDOCS for public contracts after the February 2009 legislation permitting the use of the "ConsensusDOCS 200 Standard Agreement and General Conditions Between Owner…

How do you measure damages when a construction blunder saves an owner $200 million?

A recent story out of Las Vegas, covered in the NY Times, poses an interesting question for construction and real estate lawyers ---- what would be the measure of damages for defective construction, the result of which is estimated to save…

Mike Pappas was featured in Building Baltimore Magazine's February 2009 Edition for his work with the ABC Joint Legislative Committee. Mike received a "Member of Distinction" Award in January 2009for his dedication and political action with…

Mike Pappas was interviewed yesterday [March 25, 2009] at the Baltimore County Bar Association's Technology Expo, held at the Towson National Guard Armory from 11 am until 2 pm. Pappas, the chair of the Bar Association’s Technology…